IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 1377 of 2008()
1. THE DISTRICT EXECUTIVE OFFICER,
... Petitioner
Vs
1. M. ABBAS, S/O. KUNHALAN,
... Respondent
2. LABOUR AND REHABILITATIOIN DEPARTMENT,
3. T.A. SHIBU, S/O. ALEXANDER,
For Petitioner :SRI.P.RAMAKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :03/06/2009
O R D E R
ANTONY DOMINIC,J.
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R.P.No.1377/08 in W.P.(C).No.5790 OF 2007
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Dated this the 3rd day of June, 2009.
O R D E R
This review petition has been filed by the 2nd
respondent in the writ petition.
2. The writ petition was filed challenging the final
determination order passed by the authority under the
Motor Transport Workers Welfare Fund Act and Scheme and
the order passed by the Government dismissing the appeal.
Although contentions were raised on merits, the judgment
was rendered in the writ petition, accepting an affidavit
filed by the 3rd respondent, the workman concerned, to the
effect that he had no objection in allowing the writ petition.
Review petitioner now points out that since the scheme
contemplates compulsory coverage of the workmen of the
motor transport undertaking, such a view taken in the
judgment is erroneous.
R.P.No.1377/08 2
3. I heard the counsel for the review petitioner and also
the writ petition. As stated by the review petitioner, scheme
contemplates compulsory coverage and if that be so, the fact
that individual workman may opt out of the scheme by itself
is no reason to interfere with the final determination order or
the appellate order. In view of this I am satisfied that the
judgment is erroneous and for that reason judgment has been
reviewed and recalled.
Review Petition is allowed.
Post the writ petition for hearing.
(ANTONY DOMINIC)
JUDGE
vi/
R.P.No.1377/08 3